HomeMy WebLinkAboutCorrespondence Miscellaneous 10/2/2009
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. MARKARIAN Molly
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Mike Kaiser [mkaiser@poage.net]
Friday, October 02, 20092:41 PM
MARKARIAN Molly
DONOVAN James; Anne Delaney
Afiya - ORe 2009-00029
Molly,
I also forgot to mention that we would rather not dedicate PUE's unless other utilities have asked to be in those
easements, conditions 5 & 6. Instead we would rather dedicate an easement to SUB for a specific use (ie water, electric,
or both). We do this often with SUB or EWEB, even including a note in the easement that other public utilities may be in
the easement so long as they comply with SUB (or EWEB) policies and procedures to be in a joint trench. Again this
simplifies future design changes where all we have to deal with is the specific utility that is in the easement PUE's are
very difficult to modify and just not necessary in this instance. Along the alley I am not too concerned about this issue as it
is adjacent to a public way and not so problematic. However, within the site it becomes more difficult to work around
PUE's as opposed to easements to SUB for water or electric or both. If other public utilities need to be in those
easements, then a PUE is ok but not necessary, and especially not if SUB is the only one in the easement
Thanks,
Mike
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Planner: MEM
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MARKARIAN Molly
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Mike Kaiser [mkaiser@poage.net]
Friday, October 02,20091:17 PM
MARKARIAN Molly
Anne Delaney; DONOVAN James
Afiya - DRe 2009-00029
Conditions - highlighted.pdf
Molly,
I just looked over the conditions of approval and had a couple of comments or suggestions. Whether or not any changes
can be made to these or if we can deal with them in final site plan approval differently is up you, of course within the rules
or accepted policies. I mainly have concerns over when to record easements. I don't think recording easements prior to
construction is a good idea but several of the conditions (5, 6, and 16 - see attached pdt) want the easements recorded
prior to Final Site Plan Approval. This is even before we have approved construction plans. There are instances that
designs are changed during construction plan review and other times during construction. Whether it is because
undergound facilities are discovered that change the ability to construct as designed originally or new information is
discovered during construction plan review or whatever, things can change. There are also times when, the total project
is scrapped prior to construction, and then easements are recorded that most likely would not work for future development
plans. Then the choice is to leave the easements and record in a different place, or vacate the easements. Private
easements are not a huge deal to vacate but do require some work. Public easements are a different story and require
alot of effort to remove, and sometimes cant be removed. 1 would really hope to avoid changes to the design once we
have came this far in the process, but it happens and if it does I would rather not have to deal with public easements that
are recorded (ie conditions 5 & 6). I could live with recording the private joint use easement &..... prior to Final Site Plan
Approval, but even for it I would much prefer if the conditions said "prior to occupancy" or "prior to finai plumbing
inspection" or something similar that would insure that the utilities (public or private) being covered in the easements are
constructed where the easements say. Is there any way to change the condition or at least give Final Site Plan Approval
without recording? One idea would be to have the easement ready to go, signed, notorized, etc and held by the City with
a check to record (but without recording) to get Final Site Plan Approval.
I realize the conditions have probably been sent out for public notice so whatever you can do at this point to accomodate
my concerns would be appreciated. Also, in future approvals it would be nice if my concerns were taken into
consideration. Maybe you have already considered my concerns and have decided to always ask for the easements,
prior to Final Site Plan Approval. If so you can just take my suggestions as advisement for future consideration to code or
policy changes.
Thanks,
Mike
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Planner: MEM
lof z /07
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